PRINTER'S NO. 1784
No. 1285 Session of 2008
INTRODUCED BY DINNIMAN, O'PAKE, M. WHITE, COSTA, FERLO, FONTANA, KITCHEN, LAVALLE, MELLOW, RHOADES, TOMLINSON, WASHINGTON, D. WHITE, C. WILLIAMS AND EARLL, FEBRUARY 19, 2008
REFERRED TO EDUCATION, FEBRUARY 19, 2008
AN ACT 1 Requiring State institutions of higher education and independent 2 institutions of higher education to provide parents of 3 students enrolled at each institution with information 4 relating to the institution's drug and alcohol policy, the 5 student disciplinary process and notification of a parent 6 following a student's violation of the drug and alcohol 7 policy. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. Short title. 11 This act shall be known and may be cited as the Higher 12 Education Parental Notification Act. 13 Section 2. Definitions. 14 The following words and phrases when used in this act shall 15 have the meanings given to them in this section unless the 16 context clearly indicates otherwise: 17 "Community college." A community college as defined in 18 section 1502-A of the act of March 10, 1949 (P.L.30, No.14), 19 known as the Public School Code of 1949. 20 "Education record." An education record as defined in the
1 Family Educational Rights and Privacy Act of 1974 (Public Law 2 90-247, 20 U.S.C § 1232g). 3 "Family Educational Rights and Privacy Act of 1974." The 4 Family Educational Rights and Privacy Act of 1974 (Public Law 5 90-247, 20 U.S.C. § 1232g). 6 "Independent institution of higher education." An 7 independent institution of higher education as defined in 8 section 1502-A of the act of March 10, 1949 (P.L.30, No.14), 9 known as the Public School Code of 1949. 10 "Institution of higher education" or "institution." A 11 community college, State-owned institution, State-related 12 institution or an independent institution of higher education. 13 "Personally identifiable information." As defined in 34 CFR 14 99.3 (relating to what definitions apply to these regulations?). 15 "State-owned institution." A State-owned institution as 16 defined in section 1502-A of the act of March 10, 1949 (P.L.30, 17 No.14), known as the Public School Code of 1949. 18 "State-related institution." A State-related institution as 19 defined in section 1502-A of the act of March 10, 1949 (P.L.30, 20 No.14), known as the Public School Code of 1949. 21 "Student." An individual who is 21 years of age or younger 22 and is enrolled at either a State institution of higher 23 education or an independent institution of higher education. 24 Section 3. Distribution of information. 25 (a) General rule.--Each institution of higher education 26 shall provide to parents of students a written copy of the 27 following: 28 (1) The institution's drug and alcohol policy for the 29 institution, including whether such policy addresses off- 30 campus drug or alcohol-related activity. 20080S1285B1784 - 2 -
1 (2) A summary of the disciplinary process utilized to 2 review an alleged violation of the drug or alcohol policy. 3 (3) A list of the potential sanctions and actions for a 4 violation of the drug or alcohol policy. 5 (4) A statement whether the institution notifies the 6 parents of a student following a determination by the 7 institution's disciplinary process that the student violated 8 the institution's drug and alcohol policy, including any 9 information relating to compliance by the institution with 10 the Family Educational Rights and Privacy Act of 1974. 11 (5) A summary of any drug and alcohol prevention 12 program, if services are provided to students. 13 (6) The institution's policy whether the institution 14 discloses personally identifiable information from the 15 education record of the student without the student's consent 16 to appropriate parties where the information is necessary to 17 protect the health or safety of the student and other 18 individuals, as authorized under the Family Educational 19 Rights and Privacy Act of 1974, including any information 20 relating to compliance by the institution with the Family 21 Educational Rights and Privacy Act of 1974. 22 (7) A statement whether the institution deems parents as 23 appropriate parties for the disclosure of such information to 24 appropriate parties where the information is necessary to 25 protect the health or safety of the student and other 26 individuals. 27 (b) Compliance.--An institution shall comply with subsection 28 (a) within 15 days after: 29 (1) The date of the student's initial enrollment at the 30 institution. 20080S1285B1784 - 3 -
1 (2) The date of each amendment, revision or change made 2 by the governing body of the institution regarding the 3 following: 4 (i) The institution's drug and alcohol policy for 5 the institution. 6 (ii) The disciplinary process for students at the 7 institution. 8 (iii) Sanctions and actions available for imposition 9 by the institution for a drug and alcohol policy 10 violation by a student. 11 (iv) The institution's drug and alcohol prevention 12 program, if applicable. 13 (v) The institution's policy regarding the 14 disclosure of any personally identifiable information 15 from a student's education record without the consent of 16 the student to appropriate parties where the information 17 is necessary to protect the health or safety of the 18 student or other individuals, including whether the 19 institution deems parents as appropriate parties. 20 Section 4. Administration. 21 (a) Violations of policy.--This act shall not be interpreted 22 to require an institution to perform the following: 23 (1) Provide such notification to a parent of a student 24 who violates the drug and alcohol policy. 25 (2) Provide without the student's consent any personally 26 identifiable information from the student's education record 27 to the student's parents, as an appropriate party, where the 28 information is necessary to protect the health or safety of 29 the student or other individuals. 30 (b) Other laws.--This act shall not be interpreted to 20080S1285B1784 - 4 -
1 relieve an institution of the requirements of the Family 2 Educational Rights and Privacy Act of 1974 or other Federal, 3 State or local law. 4 Section 5. Effective date. 5 This act shall take effect in 60 days. B1L24BIL/20080S1285B1784 - 5 -